Justice Halilu Yusuf of the High Court of the Federal Capital Territory (FCT) has turned down the Inspector-General of Police’s request to issue a bench warrant against five former senior police officers on charges of forgery and age falsification.
When the case came up, all the accused persons were absent from court on Thursday.
They were supposed to be arraigned before the court, but were all absent.
Their scheduled arraignment was stalled due to the inability of the police to effect personal service on them.
During the proceedings, prosecution Counsel, Rimamsomte Ezekiel, an Assistant Commissioner of Police (ACP), expressed disappointment that the defendants were absent in court despite being served with the charge.
He told the court that investigators made several attempts to serve the defendants through their known residential addresses only to discover that they have relocated.
Ezekiel added that he took extra efforts to send a soft copy of the charge to their Whatsapp platforms and wondered why they were not present in court.
He prayed the court to issue a bench warrant against them in accordance with the provision of section 266(1) of the Administrative of Criminal Justice Act (ACJA), 2015.
However, Terkaa Aondo (SAN), who announced his appearance for the defendants, informed the court that none of the defendants have been served with a copy of the charge.
“My Lord, up till now, the defendants have not been served with a copy of the charge. My Lord, this is not a civil but a criminal matter which requires personal service.
“Besides, until the defendants are proper before the court, the request by the prosecution for a bench warrant is premature. The police has the apparatus to bring the defendants to court. If they can go all the way to arrest Nnamdi Kanu in Kenya and also arrest Omoyele Sowore, why can’t they arrest the defendants and bring them to court? So, I urge the court to refuse the request and order the prosecution to do the needful,” Aondo submitted.
In his ruling, Justice Yusuf agreed with the senior defence counsel that the matter being criminal charges requires personal service on the defendants.
Justice Yusuf equally agreed that the police has all the apparatus to arrest and bring the defendants to court for their arraignment.
Some of the charges against them read:
That you, AIG Idowu Owohunwa (Rtd), CP Benneth Igweh (Rtd), CP Ukachi Peter Opara (Rtd), DCP Obo Ukam Obo (Rtd), ACP Simon A. Lough SAN (Rtd) and others who are now at large, being members of force entrants of the Nigeria Police Force on or about 1999 till date in FCT Abuja, committed the offence of conspiracy with intent to commit criminal offence punishable under Section 97 (1) (2) of the Penal Code Law.
“That you AIG Idowu Owohunwa, (Rtd), CP Benneth Igweh (Rtd), CP Ukachi Peter Opara (Rtd), DCP Obo Ukam Obo (Rtd), ACP Simon A. Lough SAN (Rtd) and others who are now at large, who are members of force entrants of the Nigeria Police Force on or till January, 2025 in FCT Abuja, falsified and altered your ages and documents in the name of Nigeria Police Force in which you failed and could not vacate from office when you supposed to leave on retirement in line with Public Service Rule of the Federal Republic of Nigeria, remained and illegally benefited the privileges of your office and thereby committed offence of cheating, and punishable under Section 324 of the Penal Code Law.
“That you AIG Idowu Owohunwa (Rtd) on or about 30th April, 2021 in FCT Abuja, as a member of force entrants of the Nigeria Police Force Course 19 issued directives in the name of the Inspector-General of Police on the implementation of judgments, judgment which you know to be by fraud with fake and falsified documents and thereby committed the above offence punishable under Section 178 of the Penal Code Law.
“That you ACP Simon A. Lough SAN (Rtd) on or about 25″ day of March, 2025 in FCT Abuja, dishonestly and fraudulently depose to process of court in the case of AIG Idowu Owohunwa & 2 others v. PSC & 7 others, suit No: NICN/ABJ/88/2025A that you have only served for 25 years in the Nigeria Police Force, knowing that, you are lying and also dishonest when you enlisted into the Nigeria Police Force on 1st August, 1987 and thereby committed offence punishable under Section 158(1) of the Penal Code Law.
“That you AIG Idowu Owohunwa (Rtd) on or about December, 2024 in Abuja, with intent to remain serving in the Nigeria Police Force against the provision of the public Service Rules of the Federal Republic of Nigeria, dishonestly falsified and submitted to the Nigeria Police Force Record, a declaration of age dated 4th April, 1990 Kogi State of Nigeria, that you are born on 20 July, 1970 and thereby committed offence punishable under Section 366 of the Penal Code Law.
